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Article L3312-2 of the French Labour Code

Any company which satisfies the employer’s obligations in terms of staff representation may institute, by agreement or by unilateral decision of the employer, in accordance with the procedures set out respectively in I and II of article L. 3312-5, a collective profit-sharing scheme for employees. An employee of an employers’ group may benefit from the profit-sharing scheme set up in each of the group’s member companies to which he or…

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Article L3312-3 of the French Labour Code

In companies employing at least one employee and less than two hundred and fifty employees, the following may benefit from the provisions of this Title: 1° The managers of these companies ; 2° The chairmen, general managers, managing directors or members of the management board in the case of legal entities; 3° The spouse or partner under a civil solidarity pact of the head of the company if they have…

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Article L3312-4 of the French Labour Code

The sums allocated to the beneficiaries in application of the profit-sharing agreement or in respect of the profit-sharing supplement mentioned in article L. 3314-10 are excluded from the basis of assessment for the contributions defined in articles L. 131-6 and L. 242-1 of the Social Security Code and articles L. 731-14, L. 731-15 and L. 741-10 of the Rural and Maritime Fishing Code. These sums may not replace any remuneration…

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Article L3312-5 of the French Labour Code

I.-Incentive agreements are concluded for a period of between one and five years, using one of the following methods: 1° By collective labour agreement ; 2° By agreement between the employer and the representatives of representative trade union organisations in the company; 3° By agreement reached within the social and economic committee; 4° Following ratification, by a two-thirds majority of the workforce, of a draft agreement proposed by the employer….

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Article L3312-6 of the French Labour Code

In undertakings or groups which have a profit-sharing agreement and which work together with other undertakings on a specific and coordinated activity, an agreement may be concluded to provide for all or some of the employees to benefit from a project-based profit-sharing scheme. This project profit-sharing agreement is negotiated under the conditions provided for in this chapter if it only involves all or some of the employees of the same…

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Article L3312-8 of the French Labour Code

Any company may apply a profit-sharing scheme concluded at branch level, provided that the branch agreement has been approved pursuant to article L. 3345-4. Companies wishing to apply the approved branch agreement shall conclude an agreement to this effect under the conditions provided for in I of article L. 3312-5. Companies with fewer than fifty employees may opt to apply this scheme by means of a unilateral document signed by…

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Article L3313-1 of the French Labour Code

The profit-sharing agreement establishes a system for informing employees and verifying how the agreement is implemented. In particular, it includes a preamble setting out the reasons for the agreement as well as the reasons for the choice of methods for calculating the profit-sharing scheme and the criteria for distributing its proceeds.

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Article L3313-2 of the French Labour Code

The profit-sharing agreement defines in particular: 1° The period for which it is concluded ; 2° The establishments concerned; 3° The profit-sharing arrangements adopted; 4° The methods for calculating the profit-sharing and the criteria for distributing its proceeds in accordance with the provisions of articles L. 3314-1 to L. 3314-7; 5° The payment dates; 6° The conditions under which the social and economic committee or a specialised committee set up…

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Article L3313-3 of the French Labour Code

The profit-sharing agreement is filed with the competent administrative authority within a period and in accordance with procedures determined by regulation. If none of the bodies mentioned in articles L. 213-1 and L. 752-4 of the Social Security Code or inarticle L. 723-3 of the Rural and Maritime Fishing Code has commented by the end of the period provided for in the first paragraph of article L. 3345-2 of this…

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Article L3313-4 of the French Labour Code

When a change occurs in the legal situation of the company, in particular by merger, transfer or demerger, which requires the setting up of new staff representative institutions, the profit-sharing agreement continues or may be renewed in accordance with one of the methods provided for in article L. 3312-5. Where this change makes it impossible to apply the profit-sharing agreement, the agreement ceases to have effect between the new employer…

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